Unaoil Ltd v Amona Ranhill Consortium Sdn Bhd [2012] EWHC 1595 (Comm) (13 June 2012)

Unaoil Ltd v Amona Ranhill Consortium Sdn Bhd [2012] EWHC 1595 (Comm) (13 June 2012)

There is no serious issue to be tried that the first or second defendants are liable under the Agency Agreement. The contract was made between Unaoil and Ranhill FZE as principal, not as agent or nominee for Amona Ranhill or Ranhill E&C. The express terms, negotiations, and subsequent agreements do not support Unaoil's case. The application to set aside service out of the jurisdiction succeeds.

Citation
[2012] EWHC 1595 (Comm)
Parties
Claimant: Unaoil Limited; First Defendant: Amona Ranhill Consortium Sdn Bhd; Second Defendant: Ranhill Engineers & Constructors Sdn Bhd; Third Defendant: Ranhill Middle East FZE
Jurisdiction
England and Wales
Judgment Date
13 June 2012
Procedural Posture
Commercial Court Application to Set Aside Service Out of Jurisdiction / Interlocutory Application
Outcome
Application granted; service set aside as against first and second defendants
Legal Topics
Jurisdiction, Agency, Construction of Contracts, Service Out of Jurisdiction, Summary Judgment Test
Contract Law Civil Procedure Jurisdiction Agency Construction of Contracts Service Out of Jurisdiction Summary Judgment Test

Case Brief

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Parties

Unaoil Limited

Claimant

Amona Ranhill Consortium Sdn Bhd

First Defendant

Ranhill Engineers & Constructors Sdn Bhd

Second Defendant

Ranhill Middle East FZE

Third Defendant

Procedural Posture

Commercial Court Application to Set Aside Service Out of Jurisdiction / Interlocutory Application

Legal Issues

  1. 1 Whether there is a serious issue to be tried that the first and/or second defendants are liable under the Agency Agreement
  2. 2 Whether the Agency Agreement was made with Amona Ranhill and/or Ranhill E&C as a matter of construction
  3. 3 Whether Ranhill FZE acted as agent or nominee for Amona Ranhill

Ratio Decidendi

There is no serious issue to be tried that the first or second defendants are liable under the Agency Agreement. The contract was made between Unaoil and Ranhill FZE as principal, not as agent or nominee for Amona Ranhill or Ranhill E&C. The express terms, negotiations, and subsequent agreements do not support Unaoil's case. The application to set aside service out of the jurisdiction succeeds.

Court Disposition

Application granted; service set aside as against first and second defendants

Orders

  • Service of proceedings on the first and second defendants is set aside
  • Claim against first and second defendants dismissed for want of jurisdiction